Batts v IBEX Construction, LLC
Motion No: 2011-11413
Slip Opinion No: 2012 NY Slip Op 79003(U)
Decided on July 17, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M140754

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

ARIEL E. BELEN, JJ.

2011-11413, 2012-02293, 2012-04943

Derrick Batts, appellant-respondent,

v IBEX Construction, LLC, respondent-appellant,

Sutton Place Group, LLC, et al., respondents,

et al., defendants.

(Index No. 3794/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to consolidate appeals from two orders of the Supreme Court, Kings County, dated October 28, 2011, and April 13, 2012, respectively, and an appeal and a cross appeal from an order of the same court dated January 27, 2012.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court